travelling abroad

[mrscote]

I am a canadian citizen residing in the US as an alien pending adjustment of status. I applied for travel document and received a request for evidence. I sent away the evidence and still have not recieved a response. My family and I are going to Canada on the 20th to visit family. I have a 9 month baby girl and I really would like to her to meet her great grandmother if (God Forbid) anything should happen.

Has anyone been in a similar predicament? Any comments regarding whether or not I'd be admitted back into the US please share.

[mrscote]

I am a canadian citizen residing in the US as an alien pending adjustment of status. I applied for travel document and received a request for evidence. I sent away the evidence and still have not recieved a response. My family and I are going to Canada on the 20th to visit family. I have a 9 month baby girl and I really would like to her to meet her great grandmother if (God Forbid) anything should happen.

Has anyone been in a similar predicament? Any comments regarding whether or not I'd be admitted back into the US please share.

[aneri]

If you leave without Advance Parole, your AOS will be considered abandoned. You (most likely) will not be admitted back without an immigrant visa.

It is rare that they ask for more evidence when applying for AP. What did they want, if you don't mind?

[mrscote]

they requested evidence looking for my husbands tax returns and proof of employment. My husband is in the military.

[aneri]

that sounds like evidence for I-485. I thought USCIS wanted something to back up request for AP.

When did you apply for AP and AOS?

[mrscote]

I applied for I131 I765 I130 were all received on March 20, 2006 and my I485 was the same but on may 4 they sent me a notice requesting further evidence. They are now processing April 9 which means they bypassed my travel document which was March 20

[aneri]

Have you received employment authorisation document? If not, and 90 days has passed since filling, you can make an info-pass appointment and get temporary one at local office. At the same time you may ask about AP.

Also, are you signed up for USCIS updates for your case? Has there been any activity lately?

Hopefully you'll receive AP on time for your trip.

[mrscote]

No I have not receieved my employment authorization yet and it has been more than 90 days. Yes I am signed up for uscis updates and there has not been any activity since May 9th.

I talked to my husband about it yesterday and we've decided to keep our flights until the 15th and if nothing has arrived as of then then we will cancel our flights, because I am not going to risk abandoning my cases. I am so upset that I was in tears over this yesterday. Been really looking forward to seeing my family again and for them to meet my daughter which they have not met yet. This is the first granddaughter on both sides so its a huge ordeal.

[Antifascist1]

As a Canadian Citizen you don't need AP to travel to US.

However, I don't know how would denial of AOS application, and/or the fact that you applied for it, affect your ability to be re-admitted back to US, with or without AP.
(Note: There is almost no way your application for AOS as Canadian spouse of USC would be denied, unless you are engaging in cannibalism and things of that nature).


Consult with immigration attorney for further assistance.


IE

[aneri]

Antifascist, where did you hear that?

There are some rules that do not apply to Canadians. A need for AP to enter the US while in AOS, is not one of them.

[Antifascist1]

Where did I hear WHAT?

[aneri]

this: "As a Canadian Citizen you don't need AP to travel to US"

[Antifascist1]

Are Canadian Citizens required to have AP to travel to US?

[Antifascist1]

Some similiraties in forum stories(and writing styles) make them look almost as if they were palette letters, with minor modifications from time to time (and from forum to forum)..

In any case here is reply to one of the "Traveling While Canadian" posters :

http://www.laborlawtalk.com/showthread.php?t=55110

[wanda]

Is your grandmother ill? Could you ask your attorney to try to expedite your request?

You might try calling your Congressman or Senator for help in expediting your AP, if there is some kind of emergency. Having plane tickets alone isn't an emergency, but if your grandma were ill, it would be.